BUILDING A BETTER WORLD: THE UN CHARTER AND THE UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR) – FOUNDATIONS FOR GLOBAL EQUALITY AND HUMAN RIGHTS

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This article is written by Pallavi Kumari of B.Com. LLB of 6^th Semester of Jamnalal Bajaj School of Legal Studies, Banasthali University, Rajasthan.

ABSTRACT

The UN Charter and the Universal Declaration of Human Rights (UDHR) are pivotal documents in international governance and human rights advocacy. The UN Charter, adopted in 1945, outlines the principles and functions of the United Nations, emphasizing international cooperation and peace. The UDHR, proclaimed in 1948, establishes the fundamental rights and freedoms inherent to all individuals, promoting human dignity and equality. This article explores the interplay between the UN Charter and the UDHR, highlighting their complementary objectives of peace, security, and human rights. It examines the impact of these documents on global governance and the protection of human rights, emphasizing the challenges faced and the need for continued efforts to realize their principles. The article concludes by underscoring the importance of empowering individuals, promoting education, and fostering international cooperation to advance the goals set forth by the Charter and the UDHR, ultimately creating a more just and inclusive world.

KEYWORDS

Human Rights, United Nations, International law, Equality, Security, Dignity.

OBJECTIVES

To provide a comprehensive overview of the UN Charter and the Universal Declaration of Human Rights (UDHR), highlighting their significance and contributions to global governance and human rights advocacy.
To explore the interplay between the UN Charter and the UDHR, emphasizing their complementary objectives of promoting peace, security, and respect for human rights.
To examine the implementation and impact of the UN Charter and the UDHR, discussing how they have shaped international treaties, conventions, and legal frameworks to protect and promote human rights.
To identify the challenges and persistent violations of human rights in the context of the UN Charter and the UDHR, emphasizing the need for ongoing efforts to address these issues and strengthen their implementation.
To emphasize the importance of empowering individuals, promoting education, and fostering international cooperation as key factors in advancing the principles outlined in the UN Charter and the UDHR.
To inspire readers to recognize their role in upholding and promoting the principles of the UN Charter and the UDHR, fostering a commitment to global solidarity, peace, and the protection of human rights.

These objectives aim to provide a comprehensive understanding of the UN Charter and the UDHR, their interconnectedness, and their significance in promoting a just and inclusive world.

INTRODUCTION

“All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”

United Nations, Charter,1945

The United Nations (UN) Charter and the Universal Declaration of Human Rights (UDHR) are two pivotal documents that form the foundation of global governance and the protection of human rights. Adopted in 1945, the UN Charter serves as a blueprint for international cooperation, emphasizing principles such as peace, security, and the sovereign equality of nations. In 1948, the UDHR was proclaimed as a landmark declaration, enshrining the fundamental rights and freedoms inherent to all individuals. Together, these documents embody the collective aspirations of nations to promote peace, security, and respect for human dignity on a global scale. In this article, we delve into the significance and interplay between the UN Charter and the UDHR, examining their complementary objectives and their impact on shaping international norms and standards for human rights. We also explore the challenges that persist in fully realizing these principles and highlight the importance of individual empowerment, education, and international cooperation in advancing the goals set forth by the Charter and the UDHR. By understanding and embracing the principles outlined in these foundational documents, we can strive towards a more just, inclusive, and peaceful world for all.

ABOUT THE UN CHARTER

The United Nations (UN) Charter stands as a cornerstone of international governance and cooperation among nations. Adopted on June 26, 1945, in the aftermath of World War II, the Charter was designed to prevent future conflicts, promote peace and security, and foster cooperation in addressing global challenges. It established the United Nations as an organization dedicated to the collective well-being of humanity. In this article, we explore the significance, structure, and key principles of the UN Charter, highlighting its vital role in shaping the modern world order.

Historical Context: –The UN Charter emerged against the backdrop of devastating global warfare and the recognition of the need for a new international system. Its creation was prompted by the failure of the League of Nations and the desire to establish an organization capable of preventing conflicts, protecting human rights, and fostering international cooperation.
Purposes and Principles: –The Charter outlines the core purposes and principles of the United Nations. Its primary objectives are to maintain international peace and security, promote social progress and better living standards, foster friendly relations among nations, and encourage cooperation in solving global problems. The Charter emphasizes the principles of sovereign equality, non-interference in domestic affairs, and peaceful settlement of disputes.
Organizational Structure: –The UN Charter establishes a unique structure comprising several key organs. The General Assembly serves as a forum for member states to discuss and co-ordinate on global issues. The Security Council, responsible for maintaining peace and security, holds the power to impose sanctions and authorize military action. Other organs, such as the Economic and Social Council, the International Court of Justice, and specialized agencies, contribute to specific areas of UN work.
Collective Security: –One of the most significant provisions of the Charter is the concept of collective security. Article 51 enshrines the inherent right of self-defense while emphasizing the importance of Security Council authorization for the use of force. The Charter provides mechanisms for peaceful settlement of disputes, including negotiation, mediation, and arbitration, aiming to prevent conflicts and mitigate their consequences.
Membership and Global Reach: –The UN Charter allows for membership by all peace-loving nations committed to upholding its principles. Today, the UN has nearly universal membership, comprising 193 member states. The organization has expanded its reach by establishing specialized agencies, programs, and initiatives covering a wide range of issues, including human rights, sustainable development, health, education, and humanitarian assistance.
Evolution and Challenges: –Over the years, the UN Charter has evolved to address emerging global challenges, such as climate change, terrorism, and human rights violations. It has inspired the creation of numerous treaties and conventions that provide a legal framework for cooperation among states. However, the UN faces challenges in achieving its objectives, including the veto power of the Security Council’s permanent members, financial constraints, and the need for ongoing reform to enhance its effectiveness.

ABOUT THE UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR)

The Universal Declaration of Human Rights (UDHR) stands as a landmark document in the history of human rights. Adopted by the United Nations General Assembly on December 10, 1948, the UDHR represents a global commitment to the recognition and protection of the inherent rights and dignity of every individual. This article explores the significance, principles, and impact of the UDHR, highlighting its crucial role in promoting human rights worldwide.

Historical Context: –The UDHR emerged in the aftermath of World War II, a period marked by widespread human rights abuses and atrocities. The horrors of the war emphasized the need for an international framework that would safeguard the rights and freedoms of individuals, irrespective of their nationality, ethnicity, religion, gender, or any other distinguishing factor.
Fundamental Principles: –The UDHR is grounded in the principle that all human beings are born free and equal in dignity and rights. It consists of 30 articles that cover civil, political, economic, social, and cultural rights. These articles affirm the rights to life, liberty, and security, freedom of thought, expression, and religion, as well as the rights to education, work, and an adequate standard of living.
Universality and Indivisibility of Rights: –One of the core principles of the UDHR is the universality and indivisibility of human rights. It recognizes that human rights are inherent to all individuals, regardless of their nationality or cultural background. The UDHR emphasizes that civil and political rights are interrelated and interdependent with economic, social, and cultural rights, forming an integral whole.
Influence on International Law: –The UDHR has served as a foundational document for the development of international human rights law. Its principles have been incorporated into legally binding treaties and conventions, such as the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights. The UDHR also inspires regional human rights instruments and national constitutions across the globe.
Promotion and Advocacy: –The UDHR has played a crucial role in raising awareness about human rights and advocating for their protection. It has served as a rallying point for activists, civil society organizations, and governments working to advance human rights agendas. The UDHR has also provided a moral compass for addressing systemic injustices, combating discrimination, and promoting equality for marginalized and vulnerable populations.
Ongoing Challenges: –While significant progress has been made, challenges persist in fully realizing the principles outlined in the UDHR. Human rights violations continue to occur in various parts of the world, including issues of discrimination, gender inequality, poverty, and lack of access to education and healthcare. Efforts must be made to address these challenges and ensure the universal application of human rights.

RELATIONSHIP BETWEEN UN CHARTER AND UDHR

The relationship between the UN Charter and the Universal Declaration of Human Rights (UDHR) is one of interdependence and complementary. While the UN Charter establishes the framework for the United Nations and its mission to promote peace and international cooperation, the UDHR sets out the fundamental rights and freedoms that all individuals are entitled to.

Shared Values and Objectives: –Both the UN Charter and the UDHR are rooted in the principles of human rights, equality, and dignity. The Charter’s emphasis on peace, security, and cooperation aligns with the UDHR’s vision of a world where every person enjoys their inherent rights without discrimination. These shared values and objectives demonstrate the close relationship between the two documents.
Legal Foundations: –The UDHR is not a legally binding treaty, but its principles have influenced the development of international human rights law. The Charter, on the other hand, is a legally binding document that establishes the framework for the United Nations and its member states. The Charter provides the institutional framework through which the principles of the UDHR can be realized and promoted.
Promotion and Protection of Human Rights: –The UN Charter assigns the United Nations the responsibility to promote and protect human rights. Article 1 of the Charter states that one of the purposes of the UN is to achieve international cooperation in promoting and encouraging respect for human rights. The UDHR, in turn, sets out the specific rights and freedoms that should be protected, serving as a guiding document for member states and the UN in their human rights efforts.
Influence on International Law: –The UDHR has had a significant impact on the development of international human rights law. Its principles have been incorporated into legally binding treaties, such as the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights. The Charter provides the legal basis for the creation and implementation of these treaties and conventions, reinforcing the relationship between the two documents.
Coordinated Efforts: –The UN, guided by the Charter, works in collaboration with member states, civil society organizations, and other stakeholders to promote and protect human rights in accordance with the principles of the UDHR. Various UN bodies, including the Human Rights Council, the Office of the High Commissioner for Human Rights, and specialized agencies, actively contribute to advancing the objectives of the UDHR through monitoring, advocacy, and technical assistance.

In summary, the UN Charter and the UDHR share a symbiotic relationship. The Charter provides the institutional framework and legal basis for the UN’s promotion and protection of human rights, while the UDHR establishes the fundamental rights and freedoms that underpin these efforts. Together, they form the basis for global human rights standards, guiding international cooperation, advocacy, and legal developments aimed at creating a world where human rights are universally respected and upheld.

DIFFERENCE BETWEEN UN CHARTER AND UDHR

The UN Charter and the UDHR (Universal Declaration of Human Rights) are two important documents adopted by the United Nations, but they serve different purposes and have different scopes. Key differences between them are:

Purpose and Nature:
UN Charter: The UN Charter, formally known as the Charter of the United Nations, is the founding document of the United Nations. It establishes the structure, objectives, and principles of the UN as an international organization. It outlines the rights and responsibilities of member states, the functions of UN organs, and the processes for decision-making and conflict resolution.
UDHR: The Universal Declaration of Human Rights, on the other hand, is a non-binding declaration adopted by the United Nations General Assembly in 1948. It serves as a moral and ethical framework for the promotion and protection of human rights worldwide. The UDHR sets out a comprehensive list of fundamental human rights and freedoms that all individuals are entitled to, regardless of their nationality, race, religion, or other characteristics.
Legal Status:
UN Charter: The UN Charter is a legally binding treaty that establishes the United Nations as an international organization. It is a foundational document of international law and sets out the legal framework for the operation of the UN and its member states.
UDHR: The UDHR is not a legally binding document, meaning that it does not create legally enforceable obligations for states. However, it has had a significant impact on the development of international human rights law and has served as the basis for the creation of legally binding human rights treaties and conventions.
Scope:
UN Charter: The UN Charter covers a wide range of issues beyond human rights. It addresses matters such as the maintenance of international peace and security, the promotion of social progress, the development of friendly relations among nations, and the peaceful settlement of disputes.
UDHR: The UDHR focuses specifically on human rights. It encompasses civil, political, economic, social, and cultural rights, such as the right to life, liberty, and security of person, freedom of expression, the right to work and education, and the right to participate in cultural and scientific activities.
Binding Obligations:
UN Charter: The UN Charter imposes binding obligations on member states, such as the obligation to maintain international peace and security and to abide by the decisions of the UN Security Council. It also establishes the International Court of Justice as the principal judicial organ of the UN to settle legal disputes between states.
UDHR: While the UDHR is not legally binding, it has gained significant moral and political authority. Its principles have been incorporated into binding treaties, such as the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, which have created legally enforceable obligations for states that have ratified them.

In summary, the UN Charter primarily establishes the framework and functions of the United Nations as an international organization, whereas the UDHR sets out a universal standard of human rights principles and freedoms. While the UN Charter has legal authority and addresses a broader range of issues, the UDHR serves as a moral guide and has influenced the development of international human rights law.

ARTICLE COVER UNDER UDHR

The Universal Declaration of Human Rights (UDHR) consists of 30 articles that outline fundamental human rights and freedoms. Following is a brief overview of the articles covered in the UDHR:

Article 1: Every individual is inherently entitled to freedom and fairness, possessing inherent worth and entitlements. They possess the faculties of logic and moral awareness and ought to interact with each other in a harmonious sense of solidarity.
Article 2: Every person has the inherent entitlement to enjoy all the rights and freedoms stated in the UDHR, without any form of discrimination based on factors such as race, color, gender, language, religion, political or personal beliefs, national or social origin, property ownership, birth, or any other status.
Articles 3-21: These articles cover a range of civil and political rights, including the right to life, liberty, and security of person; freedom from torture, slavery, and arbitrary arrest; the right to a fair trial; freedom of thought, expression, and religion; and the right to participate in the cultural and political life of the community.
Articles 22-27: These articles focus on economic, social, and cultural rights, such as the right to work, just and favorable conditions of employment, social security, an adequate standard of living, education, and participation in cultural life.
Article 28: Every person has the right to live in a society and world order that enables the complete realization of the rights and freedoms outlined in the UDHR.
Article 29: Everyone has duties to the community in which their rights and freedoms are realized, and these rights and freedoms must be exercised with respect for the rights and freedoms of others.
Article 30: No provision in the UDHR should be interpreted as granting permission to partake in any action or conduct that seeks to undermine or eliminate any of the rights and freedoms stated in the declaration.

These articles collectively address a wide range of human rights, encompassing civil, political, economic, social, and cultural rights, and reflect the aspiration to protect the inherent dignity and worth of every individual.

ARTICLE COVER UNDER UN CHARTER

The United Nations Charter consists of numerous articles that outline the principles, objectives, and functions of the United Nations as an international organization. While summarizing all the articles would be extensive, here is a brief overview of some key articles covered in the UN Charter:

Article 1: The Purposes of the United Nations include maintaining international peace and security, developing friendly relations among nations, promoting social progress, and fostering respect for human rights.
Article 2: The Principles of the United Nations encompass the sovereign equality of all member states, the duty to fulfill obligations in good faith, the peaceful settlement of disputes, and the prohibition of the use of force or threat against the territorial integrity or political independence of any state.
Article 24: The functions and powers of the UN Security Council are detailed, including its responsibility for the maintenance of international peace and security, the authorization of military actions, and the enforcement of decisions.

Article 33: Parties to a dispute are encouraged to seek peaceful resolution through negotiation, mediation, arbitration, or other peaceful means.
Article 39: The responsibility for identifying any potential threat to peace, violation of peace, or aggressive act lies with the Security Council. They are empowered to make decisions regarding suitable actions or sanctions in response to such situations.
Article 51: The inherent right of self-defense is recognized, both individual and collective, in the event of an armed attack against a member state.
Article 55: The United Nations promotes higher standards of living, full employment, economic and social progress, and the solution of international economic, social, health, and related problems.
Article 71: The Economic and Social Council promotes international cooperation in economic, social, cultural, educational, and health-related fields.
Article 97: The Secretary-General of the United Nations is appointed by the General Assembly and serves as the chief administrative officer of the organization.
Article 100: UN officials shall act in a neutral and independent manner, refraining from seeking or receiving instructions from any external authority.

These articles, along with others in the UN Charter, provide the legal framework for the establishment and operation of the United Nations, emphasizing principles of peace, cooperation, respect for sovereignty, and the pursuit of social progress and human rights.

CONCLUSION

The Universal Declaration of Human Rights (UDHR) holds an extraordinary significance as a landmark document that champions the principles of human dignity, equality, and justice. Since its adoption in 1948, the UDHR has served as a powerful instrument in promoting and protecting human rights worldwide. Its enduring legacy lies in its universality, emphasizing that human rights are inherent to all individuals, transcending boundaries of nationality, ethnicity, gender, and belief.

The UDHR has not only inspired the development of international human rights law but has also influenced regional and national legal frameworks. Its principles have become the foundation for numerous legally binding treaties, conventions, and constitutional provisions. The UDHR has provided a moral compass for advocacy and activism, galvanizing efforts to combat discrimination, social injustices, and violations of human rights.

However, despite the significant progress made, challenges persist in fully realizing the vision of the UDHR. Human rights violations continue to occur, inequality and discrimination persist, and marginalized communities face systemic barriers to their rights and freedoms. The ongoing pursuit of human rights requires continued vigilance, engagement, and collaborative efforts at all levels.

The UDHR reminds us of the shared responsibility we have to uphold and protect the rights and dignity of every individual. It calls for global solidarity, urging governments, civil society organizations, and individuals to work together in promoting a just, inclusive, and equitable society. By embracing the principles of the UDHR and translating them into concrete actions, we can strive towards a world where human rights are respected, protected, and fulfilled.

Ultimately, the UDHR stands as a testament to the enduring power of human rights as a transformative force. It urges us to reflect on the importance of compassion, empathy, and respect for one another. As we move forward, let us be guided by the principles enshrined in the UDHR, fostering a world where every individual can live a life of dignity, equality, and freedom.

REFERENCE